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COMMERCIAL EXCLUSIVE <br />LISTING AGREEMENT SALE <br />91. Address City ef,Ramsey, MN <br />92. Page 3' <br />93; CERTIFICATION INDIVIDUAL TRANSFEROR <br />94. Section 1445 of the Internal Revenue Code provides that a transferee (buyer) of a U.S. real property interest must <br />95. be notified in writing, and must withhold tax if the transferor (SELLER) is a foreign person and the sale <br />96. price exceeds $300,000. In the event transferor (SELLER) Is a foreign person and the sale price exceeds <br />97. $300,000, requirements of the 1980 Foreign investment in Real Property Tax Act (FIRPTA) will be fulfilled. <br />98. SELLER states and acknowledges the following: <br />99. I am a citizen of the United States or, if a corporation, partnership or other business entity, duly incorporated in the <br />100. United States, or, if a partnership or business entity; formed and governed by the Taws of the United States: <br />101, El Yes ❑ No <br />102. If "No," please state country of citizenship, incorporation or the like <br />103. Under the penalties of perjury, I declare that I have examined this certification and to the best of my knowledge and <br />104. belief, it is true, correct and complete: <br />105. FORFEITURE OF EARNEST MONEY <br />106. If a buyer of the PROPERTY defaults and as a result forfeits the earnest money, SELLER shall receive 8 <br />107- percent ( %) and BROKER shall receive 20, percent ( %) of the earnest money.: <br />108. COOPERATING BROKERS <br />109. SELLER hereby permits BROKER to share part of BROKER'S compensation with other real estate brokers, including <br />110. brokers only representing the buyer. <br />111_ CLOSING, SERVICES <br />112. After a purchase agreement for the PROPERTY is signed, arrangements must be made to close the transaction. <br />113. SELLER understands the SELLER may arrange for a qualified closing agent or attorney to conduct the closing, or <br />1.14. SELLER may ask BROKER to arrange for the closing: SELLER understands that SELLER;, may be required to pay <br />115. certain closing costs which may, effectively reduce the proceeds from the sale: SELLER has indicated his/her/its <br />116. choice for closing services (initial one). <br />117. SELLER wishes to have BROKER arrange for closing services. <br />(Seller) (Seller) <br />118. SELLER shall arrange for closing services. <br />(Seller) (Seller)' <br />119. MISCELLANEOUS <br />120. 1. This Agreement is binding upon the heirs, successors and assigns of the parties: <br />121. 2. All of the representations and covenants of this Agreement shall survive and be enforceable after termination of <br />122. this Agreement. <br />123, 3. In the event of any litigation instituted by SELLER or BROKER to enforce the provisions of this Agreement, the <br />124. prevailing party shall' recover reasonable attorneys` fees, costs and expenses from the other party. <br />125. 4. This Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written <br />126. agreements between the parties relative to the provisions herein. No amendment, modification or extension of <br />127: this Agreement shall be valid or binding unless made in writing and signed by both SELLER and BROKER. <br />128. 5. This contract shall be governed by the laws of the State of Minnesota. <br />129 <br />(SELLER), <br />130. By' <br />(Date) (Agent) <br />131.. <br />MNC :ELAS= $$,(2/09) <br />(BROKER) <br />(Date) <br />